§ 62-43. General refuse collection; right of entry of refuse collectors.

(a)

Curbside collection of refuse, excluding recyclable materials separated by the owner or occupant for recyclable materials collection, leaves and brush, and bulky items, shall be provided by city to each eligible dwelling unit once per week on a schedule to be established by the director. Collection shall be provided as follows:

(1)

Each eligible dwelling unit shall be entitled to receive weekly collection of two (2) securely-tied disposable refuse bags, except as provided for herein, weighing no more than forty (40) pounds apiece. The bags shall be appropriate to the weight of the materials within them and shall be of a sufficient grade as to hold the contents within them without breaking or tearing when lifted off the ground. The bags shall be placed loose at the curbside; bags placed in a non-disposable refuse container shall not be collected. An eligible dwelling unit may place additional disposable refuse bags curbside for collection provided that an excess refuse tag is affixed to each additional bag. Excess refuse tags shall be made available for a fee of $2.00 per tag. The director may provide for such tags to be distributed by not-for-profit organizations and commercial establishments convenient to city residents and may allow such organizations and establishments a reasonable handling and distribution fee as established by ordinance. Refuse in excess of two disposable refuse bags and not bearing an excess refuse tag shall not be collected.

(2)

Notwithstanding subsection (a)(1) of this section, the director is authorized to implement a pilot program within portions of the city specified by him, which pilot program shall include the issuance of a wheeled refuse cart (KCart) to eligible dwelling units. Any eligible dwelling unit issued a wheeled refuse cart by the city shall exclusively utilize that cart in lieu of placing loose bags curbside, except as provided for herein. Refuse shall be placed in the cart in such a manner as to permit the lid to close securely. In the event that an eligible dwelling unit has need to dispose of more refuse than can be placed in one cart, with the lid closed securely, disposable refuse bags shall be utilized and placed curbside immediately adjacent to the cart, and an excess refuse tag shall be affixed to each such bag. Excess refuse tags shall be available for purchase as provided by this section. Disposable refuse bags not bearing an excess refuse tag shall not be collected.

(b)

The director, after notifying the city manager, may waive any limitation on refuse to be collected without fee or charge for limited time periods as appropriate to accommodate special needs or the accumulation of exceptional volumes of refuse.

(c)

The director shall establish rules and regulations governing the types of refuse that may be placed curbside for collection, manner in which such materials are to be bundled or packaged before being placed curbside, and manner in which such materials are to be placed curbside. In no event shall tires, motorized vehicle parts/components, or paint containers that are sealed or contain wet paint be placed curbside or collected. In no event shall loose refuse be collected, including but not limited to refuse lying loose as a result of packaging malfunctions or animal invasion.

(d)

Refuse collectors, whether employees of the city or employees of a refuse collection service operating under contract with the city, shall not collect any refuse not approved for collection or otherwise failing to meet, in any regard, the requirements of this chapter and the rules and regulations adopted hereunder.

(e)

Refuse collectors, whether employees of the city or employees of a refuse collection service operating under contract with the city, are hereby authorized to enter upon private property for the purpose of collecting refuse therefrom; provided, however, that nothing contained in this section shall be deemed to authorize any such refuse collector to enter in or upon any building or outbuilding on any private property for such purpose, or to enter in or upon any private property for any other purpose.

(f)

No refuse shall be placed curbside earlier than 3:00 p.m. the day before the scheduled day of collection or later than 7:00 a.m. the day of collection.

(g)

All refuse shall, upon being loaded into collection equipment, become the property of the city.

(h)

Every person placing refuse curbside for collection or occupying an eligible dwelling unit from which refuse is placed curbside for collection shall comply with the provisions of this section. The failure to comply shall constitute a violation of this section and each and every day in which the violation continues shall constitute a separate offense.

(Ord. No. 090053, § 2, 2-12-09; Ord. No. 100196, § 1, 5-1-10)